General Accident Fire and Life Assurance v. Rupp

Appellate Division of the Supreme Court of New York

General Accident Fire and Life Assurance v. Rupp

278 A.D. 666, 102 N.Y.S.2d 654, 1951 N.Y. App. Div. LEXIS 4286

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1951·Published·Cited by 2 cases

Opinion

Order denying motion to compel plaintiff separately to state and number causes of action affirmed, with $10 costs and disbursements. In our opinion the facts alleged in each of the causes of action set forth in the amended complaint state several grounds for only one claimed primary right. (Payne v. New York, S. & W. B. B. Co., 201 N. Y. 436, 441, 444.) The stated appeal from the “decision” of the court below is dismissed, without costs. (6 Carmody on New York Practice, § 12.) Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

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Order denying motion to compel plaintiff separately to state and number causes of action affirmed, with $10 costs and disbursements. In our opinion the facts alleged in each of the causes of action set forth in the amended complaint state several grounds for only one claimed primary right. (Payne v. New York, S. & W. B. B. Co., 201 N. Y. 436, 441, 444.) The stated appeal from the “decision” of the court below is dismissed, without costs. (6 Carmody on New York Practice, § 12.) Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.

General Accident Fire and Life Assurance v. Rupp, 278 A.D. 666, 102 N.Y.S.2d 654, 1951 N.Y. App. Div. LEXIS 4286 (N.Y. Ct. App. 1951).

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Opinion

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